R.K. Agrawal, J. - (1.) BOTH these Special Appeals have been filed against the common judgment and order dated 24th March, 2011 passed by the learned Single Judge whereby the learned Single Judge has decided Civil Misc. Writ. Petition Nos. 65661 of 2008, 6427 of 2009, 33850 of 2010 and 7793 of 2011. The learned Single Judge has dismissed the Writ Petition No. 33850 of 2010 whereas he has allowed Writ Petition No. 7793 of 2011. The remaining writ petitions being Writ Petition Nos. 65661 of 2008 and 6427 of 2009 have been disposed of.
(2.) IT may be mentioned here that Special Appeal No. 664 of 2011 has been filed against the order of the learned Single Judge insofar as the Writ Petition No. 7793 of 2011 has been allowed whereas Special Appeal No. 737 of 2011 has been filed against the judgment and order passed by the learned Single Judge insofar as the Writ Petition No. 33850 of 2010 has been dismissed. As both the Special Appeals arises out of the common judgment and order dated 24th March, 2011 and the issues raised in the both the Special Appeals are common and involving similar question of facts and law with the consent of the learned Counsel for the parties they have been heard together and are being decided by a common judgment. Briefly stated the facts giving rise to the present appeals are as follows. In the district of Jaunpur there is an Institution in the name and style of Sri Yadvesh Inter College situated at village Nauperva. (hereinafter referred to as the Institution). It is governed and recognized under the provisions of the U.P. Intermediate Education Act, 1921. It has an approved Scheme of Administration for running the Institution which also provides for the election of the Committee of Management. It is an aided Institution and is governed by the provisions of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. It appears that one Sri Murlidhar Yadav was elected as the Manager in the year 1995 on the strength of an electoral College of 207 Members. As the term then was 3 years he claimed re-elections on 6.9.1998 with 70 Members. A rival claim with regard to the said election was set up by one Sri Ajay Yadav on the strength of a 255 member electoral College. The election set up by Ajay Yadav as a Manager was recognized by the educational authorities. The recognition was challenged in Writ Petition No. 6243 of 2000 and the Director of Education was called upon to decide the matter, who vide order dated 28.7.2000 confirmed the election of Sri Ajay Yadav to be valid and recognized him as the Manager. This was again challenged by Sri Murlidhar Yadav in Writ Petition No. 34164 of 2000 which was allowed by this Court vide judgment and order dated 7.9.2001 and the matter was remitted back for being decided by the concerned authority. This time on remand, vide order dated 4.10.2001 the election of Sri Murlidhar Yadav was held to be valid and in accordance with law and was recognized by the Joint Director of Education. Thus, the election held by Sri Murlidhar Yadav on 6.9.1998 was recognized as a valid election. He, thereafter, held fresh election on 4.10.2001. The Regional Level Committee vide order dated 7.12.2001 recognized the said election and vide order dated 11.1.2002 the signatures of Sri Murlidhar Yadav as Manager was attested.
(3.) AS the term was only for 3 years, Sri Murlidhar Yadav claimed to have held fresh elections in the year 2004. Sri Vinod Kumar Yadav set up a rival claim. The matter was referred to the Regional Level Committee which decided the dispute holding that the elections as set up by the Sri Murlidhar Yadav were invalid as the office-bearers elected were related to each other, particularly Murlidhar Yadav and Sant Lal Yadav are father and son respectively which violates the Scheme of Administration. The Regional Level Committee further held that the erstwhile Committee of Management did not undertake any drive to enroll fresh members hence the elections set up by Sri Murlidhar Yadav could not be accepted. It simultaneously held that the claim of Sri Vinod Kumar Yadav was invalid as the entire meeting convened for holding of such elections was not in accordance with the Scheme of Administration and that he has no right to convene any such meeting. The election set up by Sri Vinod Kumar Yadav was also not accepted. The membership of 255 Members as set up by Sri Vinod Kumar Yadav was also not accepted in view of the earlier decision dated 7.9.2001 passed in Writ Petition No. 34164 of 2000. The Regional Level Committee, therefore, appointed the Finance and Accounts Officer in the office of the District Inspector of Schools as Prabandh Sanchalak (Authorised Controller) with a direction to hold fresh elections through a valid electoral College within 3 months. The Authorised Controller, so appointed proceeded to hold election by issuing notice and calling upon the parties to provide the list of the Members for deciding the electoral College. In the meantime the Authorised Controller was changed and on 2.8,.2008 one Sri Samar Bahadur Singh, Deputy Inspector of Sanskrit Pathshala, was appointed as Authorised Controller. The Authorised Controller issued a list of 105 Members on which objections were invited. Sri Murlidhar Yadav set up a claim that there were only 33 Members. It may be mentioned here that the provisional list of 105 Members contained the name of 36 old Members and 62 names were included from a list of 92 Members furnished by Sri Vinod Kumar Yadav alleging that the list was of the year 1969. The Authorized Controller finalized the list on 9.12.2008 and declared the election programme. Objections were filed but the Authorized Controller insisted on proceeding with the elections as a result whereof Writ Petition No. 65661 of 2008 was filed by Sri Murlidhar Yadav with a prayer to quash the election programme dated 9.12.2008 with a further prayer to hold the election after deciding the objection relating to the membership list. No interim order was passed but a direction was issued to implead Sri Shiv Nath Yadav, who claimed himself to be the newly elected Manager of the institution. The election which was held on 16.12.2008 by the Authorized Controller was recognized by the District Inspector of Schools on 27.12.2008. It was again challenged by Sri Murlidhar Yadav in Writ Petition No. 6427 of 2009 but no interim order has been passed therein. One Sri Dharam Raj Yadav approached this Court by filing Writ Petition No. 63471 of 2009 on the ground that he has filed a representation on 2.1.2009 before the Joint Director of Education, Varanasi and he prayed that the said representation be decided within a specified time. This Court vide order dated 30.11.2009 disposed of the writ petition with a direction to the Joint Director of Education, Varanasi, to decide his representation within a period of two months strictly in accordance with law after affording opportunity of hearing to the concerned parties. Pursuant to the order dated 30.11.2009 the Joint Director of Education vide order dated 18.5.2010 decided the representation holding that the objections filed by Sri Dharam Raj Yadav were valid and that the election held in the year 2008 by the Authorised Controller was invalid being in violation of the Scheme of Administration. A direction was issued to the Authorised Controller to hold fresh elections in the light of the directions contained in the earlier order of the Regional Level Committee dated 5.10.2007. Sri Shiv Nath Yadav, who is alleged to have been elected in the election held in the year 2008, has filed Writ Petition No. 33850 of 2010, assailing the order dated 18.5.2010 of the Joint Director of Education, in which an interim order was passed on 12.7.2010 directing that fresh elections pursuant to the impugned order shall not be held.;